Case Studies

Receiver & Fiduciary of $409 Million California Lead Paint Abatement Fund

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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Home·Receiver & Fiduciary of $409 Million California Lead Paint Abatement Fund

The Situation

After nearly 20 years of contentious litigation regarding lead paint use in residences, David Stapleton was appointed receiver of the $409 million lead paint abatement fund awarded to Plaintiffs by the Appellate Court in The People of the State of California v. ConAgra Grocery Products Company, et al. (“Abatement Fund”). The appointment followed a six-month competitive process among ten qualified receivers.  About one-year later, Plaintiffs and Defendants settled the matter for $305 million.

The Appellate Court designated a branch of the California Department of Public Health as receiver.  When the branch declined to serve, the Superior Court pursued a competitive process to identify a receiver with the experience necessary to administer the abatement fund and the remediation grant application and award process.

Our experts were appointed receiver after an arduous 6-month process among ten qualified receivers.  The candidates responded to multiple RFPs and interviews.  The finalists provided live testimony in courtroom evidentiary hearings in front of the judge.

Our credentials relative to serving as Receiver for the $409 million Abatement Fund include:*

  • Successfully concluded 250+ engagements over 10+ years
  • Expertise building consensus among opposing parties for their mutual benefit
  • Proven ability to serve as a fiduciary in large matters with complex compliance and reporting requirements, such as BIC Real Estate Development Corporation, et al.; Pappas Telecasting Companies; Velocity Investment Group; and, Visser Dairy.
  • Large, experienced, in-house team
  • Extensive residential real estate remediation and inspection experience

How We Advised

  • The judge expected the receiver to resolve the Plaintiff’s and Defendant’s opposing views on multiple issues relating to the receivership order and grant application language.
    • Our team held multiple drafting sessions with both parties.
    • We engaged its counsel and, when necessary, the judge to achieve agreement among the parties on language for the receivership order.
    • Multiple hearings were held during which the judge frequently asked our team for our opinion based on our experience.
  • The $409 million Abatement Fund was to be held in a non-interest bearing account.
    • We identified multiple alternatives and solicited proposals to earn interest on the funds while limiting risk to the principal.
    • Our experts achieved agreement among the parties to invest the Abatement Fund in U.S. Treasuries with varying maturities, thereby maximizing ROI while minimizing principal risk.
    • Our solution was projected to generate approximately $15 million of incremental cash during the receivership period.
  • Insurance coverage for the sub-contractors hired to remediate the lead paint pursuant to the settlement was expensive, diminishing the funds available for abatement.
  • We investigated alternatives and proposed an OCIP “wrap” master insurance policy covering the Defendants, paint companies and sub-contractors to reduce costs.

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

 

> Solutions for Distressed Situations
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth.

Key Contact

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